Role of Psychology in Justice Delivery

This Blog is Written by Aarchi, 5th Year, BA LLB, Faculty of Law, SKD University Hanumangarh.

Blog 14 | Edition VII

Introduction

At a very first glance, you may think Psychology and Law are an unmatched pair. Can there be anything common in twos? How can Law and Psychology intersect with each other? How Psychology and law can relate in the negotiation process for a nuclear weapons treaty. However, Psychology and Law actually have a very strong connection and often intersect. For Example: They intersect in Family law and the criminal justice system. They also intersect in the area of eyewitness testimony as well as in the field of law enforcement.

Define “Psychology” & “Psychologist”

Psychology is the study of mind and behaviour. It is an applied science. It seeks to understand individuals by establishing general principles. A psychologist is a professional practitioner who tries to understand an individual and the role of various mental functions of an individual. He/She analyzes a person’s social biological and psychological processes that underlie the cognitive functions and behaviors. Some other concepts such as perception, cognition, emotion, intelligence, personality behavior etc. are explored in psychology.

Historical Background of Pyschology in Law

The legal system and its practices are based upon logic and reasoning. Psychology provides psycho-behavioural context to the law. It means that the interpretation of law must be made in relation to the local social and cultural practices. This viewpoint led to the emergence of a purely interdisciplinary area commonly known as Psychology and Law. The emergence was the outcome of academic interest shown by the psychologists across the globe in the legal system in the early 20th century. Initially, the legal system was reluctant to accept the role of Psychology in jurisprudence. Development of Psychology and Law as a discipline in India,

India specific some important events:

1. 1968 - Lie Detection division at Central Forensic Science Laboratory of CBI.

2. 1989 - Court mandated first Narco-analysis.

3. 2010 - SC ruled that Psychological tests such as lie detection, narco-detection, narco-analysis, BEOS can only be conducted by informed consent and outcomes can be used as evidence.

How Law is Connected to Psychology?

Psychology and Law have different versions;

1. Psychology and Law,

2. Psychology of Law,

3. Psychology in Law.

According to Blackburn (1996) quoted by Kapardis, (2010)

• Psychology and Law: Joint effort of Psychology and Law for Psychological research related to offenders, Lawyers, magistrates, judges and jurors.
• Psychology of Law: Psychological research into such issues as to why people obey or disobey certain laws and moral development.
• Psychology in Law: Specific applications of Psychology within Law.

What is Legal Psychology?

Psychology and Law is an eclectic field that compasses the work of specialized branches of Psychology. Legal Psychology is the scientific study of the effect of law on people, and the effect people have on the law. This includes the application of the study and practice of psychology to legal institutions and people who are exposed to the law. Psychological research involves applying Psychology's methodologies and knowledge to study jurisprudence, substantive law, legal process and law breaking. Example: Take the case of jury selection in the case the psychologist who is associated with the social domain of psychology will be consulted. 5-stage peace model of investigative interview developed by Psychologists attest to the significant role of Psychology in law enforcement. It deals with social and cognitive principles and their usage in the legal system, empirical and psychological research of law along with legal institutions, the basis of legal psychology. Legal Psychology has importance and it can be seen in the legal proceedings in various manners.

• Academics and Research
• Advisory role
• Trial consulting
• Policy making and legislature guidance
• Amicus briefs
• Expect witness

Contribution of Psychology in Law

The different branches of Psychology have immensely contributed to the legal system. Some of them are-

• Cognitive Psychology (Testimony by Eyewitness)
• Social Psychology (Accused behaviour during trial)
• Clinical Psychology (Competency to stand trial)
• Development Psychology (Children testimony)
• Biological Psychology (Polygraph)
• Industrial and Organizational Psychology (Workplace environment)
• Cyber Psychology (Cybercrime & Cybercriminals)
• Criminal Psychology (Intention & Process crime)
• Forensic Psychology (Narco-analysis)

Why Law Needs Psychology?

• Objective verification of legal rules
• Framing of rules and laws, which are based upon the Psychology assumptions.
• Validation or contraction of assumptions made by courts related to rules of conduct and behaviour.
• The belief of the court that emotions have very little association with Psychology functions of Human body is erroneous (Cairus, 1935)
• Relationship between Psychology and Law
• Child’s custody in case of divorce (Sarika and Kamal Hassan case).
• Detection of lying (Aditi Sharma case use of ECG).
• Public perceptions and attitudes towards various penal sanctions (Nirbhaya case in 2012).
• Indoctrination of terrorists (on suicide mission), Mudasir Ahmad Khan, mastermind of Pulwama attack, 2019).
• Trial by media & its impact on Nanavati case.
• For Mediation, Arbitration and Negotiations. 
• Psychological inputs help in fast tracking the investigations. 

Use of Psychology in Courts

• Psychologists are required to evaluate people in the courts. Sometimes it is compulsory to stand trial.
• Sick mentality: such as mental health issues.
• Insanity defence: Q. What their mental state at the time of the thing that they allegedly did.
• Risk evaluations: Sexually violent predator. It means high risk of      re-offending sexually in future.
• Juvenile certification evaluation: Q. Sometimes courts are wondering if an adolescent should be tried as adults or tried in the juvenile system.

Psychology in the courtroom: Lawmakers, law enforcement personnel, judges, and jurors are social and cultural beings whose decisions about which behaviour need regulating and how to respond to people who break the law are influenced by their assumptions about human behaviour. Thus, our criminal justice system is based on many psychological assumptions about behavior: Highly confident witnesses to a crime must have accurate memories.

Eyewitness Memory: If there were witnesses to the crime, police may construct a photo array or a lineup to gather evidence from those witnesses about whether the suspect is indeed the culprit, the person who actually committed the crime.  

Various Laws Related to Psychology

• Sec 84 IPC/ Sec 22 BNS: Act of a person of unsound mind
• Indian Lunacy Act, 1912: Asylum/Mental hospital, Cost of maintenance, clothing, medicine and care of a lunatic and other expenses.
• District Courts
• Criminal Lunatic: Section 335 / 35 of CrPC, Section 30 of Prisoners Act, 1900, Section 103a of Indian Army Act, 1911.
• Magistrate: Metropolitan Magistrate / District Magistrate / Sub-divisional Magistrate.
• Magistrate or a Magistrate of the first class
• Medical Officer
• Medical Practitioner
• Prescribed
• Relative: includes any person related by blood marriage or adoption.
• Rule: Means rule made under this Act.
• The Mental Health Act, 1987
• Competency to stand trial is one of the essential requirements. There are some principles required for the assessment of competency to stand trial.

Such as Principle of natural justice, violation of “Right to a fair trial” recognized under article 14, 21, 22 & 39A. The CrPC 1973 (Procedure in case of accused being lunatic, CrPC sec 328, 329, & 330. However, there were several outdated terms, which have been replaced by new terms such as Asylum to Psychiatric hospital/nursing; Lunatic to mentally ill person/ mentally challenged; Criminal Lunatic to mentally ill prisoner.

Relevance of Psychology in Law

For proper functioning of society, a legal system is necessary. The legal system tries to solve many problems, which exist in today's society. Psychology is not considered relevant by some legal authorities but it is relevant and important as law deals with the theories of behavior. There are various benefits of including psychology to law such as:

• Helps in improving and shaping decisions of decision makers by giving accurate images and pictures of human perceptions and preferences.
• Helps in reduction of false confession.
• Examination of various legally and socially significant areas is included in psychological studies.
• Helps in checking the integrity of witnesses can be influenced easily or can be threatened.
• True Justice is ensured when the judgements are made after considering the psychological aspect of the accused's mind.    

Psycho-Legal: War Polities 

You will wonder how psychology and law can relate in the negotiation process for a nuclear treaty. When we think about psychology and law, both play a pivotal role. Nuclear weapons are often seen as a psychological deterrent and they certainly evoke psychological emotions, such as fear. Working on treaty, Psychology is a part of conflict resolution and negotiation. How do you get people to work together for a common cause that is Psychology? Then the treaty itself, well it needs to be based on International Law. That is the Law. Psychology and law skills help us to reduce the number of nuclear weapons we have in the world and to make the ones we already have more secure.

Area of Work Psycho-Legal Specialist Do

Careers in the field of Law and Psychology are quite diverse and fascinating. Such as Expert testimony or eyewitness identification reliability and the factors that make them less reliable.

Types of work people do at the interaction of psychology and law. The Psycho-legal specialist answers several psychological and legal inquiries. For example:
Q. Whether this person has been harmed by some agency or some other individual.

Q. If a particular candidate to be a police officer has the psychological qualities to do that suitability.

Q. Someone’s life experiences as they relate to that person’s life experience as they relate to that person's mental health could have impacted something that person did that was wrong, it was illegal and resulted in them being sentenced and having to face a prison sentence.

Q. What is that person’s risk to the public if they were not to be sent to prison and if they were to be released.

These are types of questions psychologists who specialize in forensic psychology have the privilege to answer these big deal issues for families and for our communities about whether or not a parent is suitable to care for his or her child following the type of abuse that happened. Psychologists provide the courts with these issues.

Practical Application of Psychology in Law

• Psychology and Law are like a couple having some commons and some odds.
• Psychology and Law intersect in the criminal justice system. For Psychologists who specialize in psychology work with the police to understand why criminals do what they do. They also help the courts figure out if someone is mentally okay to stand trial. The psychologists are, like experts who give their opinion in court cases.
• When people see a crime happen, they can be important witnesses. What they say can help solve the case... Sometimes what they say is not entirely accurate. Psychologists work with the police and the courts to find out why this happens and to come up with ways to make sure what the witnesses say is reliable.
• Psychology and Law also come together in the work that police officers do every day.
• Police officers often receive training in Psychology to help them better understand and intersect with the people they encounter.

Present Day Scenario

• Most crime investigation agencies of India have a dedicated department of Psychology.
• Many prominent lawyers are undertaking Psychology courses.
• Psycho-legal issues related to live-in relationships are being addressed by Psychology.
• The inevitable use of Artificial Intelligence in our life is likely to create situations those interventions of legal psychologists in the future.
• Scope for students: Psychology and Law diploma or degree are available.

Conclusion

Psychology and Law are fields that may seem unrelated at first glance but they actually have a strong connection and from the criminal justice system to eyewitness testimony to law enforcement the integration of psychology and law is important for improving the fairness and effectiveness of the legal system.

(Write to the author at aroraaarchi801@gmail.com.)